Uttarakhand High Court
WRIT PETITION 2105 of 2017 on 29 December 2017
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITALCompounding Application No.17220 of 2017In Criminal Writ Petition No.2105 of 2017
Rajeev Gava
……petitioner
Versus
State of Uttarakhand & others ...Respondents Mr D.N. Sharma, Advocate for the petitioner. Mr. Subhash Tyagi Bhardwaj, Deputy Advocate General for the State of Uttarakhand/respondent nos.1 & 2. Mr. Anil Kumar, Advocate for respondent no.2.
Dated: 29.12.2017
Hon’ble V.K. Bist J.
Present petition has been filed by the petitioner for quashing the impugned First Information Report dated 13.12.2016 registered as FIR No.274 of 2016 under Section 328, 323 and 506 IPC, P.S. Gadarpur District Udham Singh Nagar on the ground that the dispute has already been amicably settled between the parties and the offence has been compounded. Alongwith the petition compounding application has been filed by the petitioner and respondent no.3. In support of compounding application, joint compromise affidavits have been filed by Mr. Rajeev Gava (petitioner) and Meena Arora complainant-(respondent no.3). In the compounding application it is stated by respondent no.3 that dispute between her and the petitioner has been settled and she has no grievance remain from the petitioner and, as such the matter between the respondent no.3 and the petitioner has been settled amicably and the respondent no.3 does not wish to carry the criminal litigation against the petitioner.
2. It is prayed that the offences punishable under sections 328, 323 and 506 IPC, arising out of First Information Report dated 13.12.2016 registered at FIR No.274 of 2016 registered at P.S. Gadarpur District Udham Singh Nagar, may be quashed.
3. Parties are present in the Court today and they are duly identified by their respective counsel. They admit the compromise.
4. In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singhvs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No.115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them.
5. Having considered submissions of learned counsel for the parties, and after going through the entire material available on record, I am satisfied that the matter has been settled between the parties amicably. Therefore, the writ petition deserves to be allowed.
6. Accordingly, the writ petition is allowed. Offences punishable under sections 328, 323 and 506 IPC, arising out of First Information Report dated 13.12.2016
registered at FIR No.274 of 2016 registered at P.S. Gadarpur District Udham Singh Nagar, is hereby quashed.
7. Compounding application is, accordingly, disposed of.
Arti
(V.K.Bist, J.) 29.12.2017